Rafferty v. Filer

40 Pa. D. & C.4th 113, 1998 Pa. Dist. & Cnty. Dec. LEXIS 35
CourtPennsylvania Court of Common Pleas, York County
DecidedApril 16, 1998
Docketno. 97-SU-5258-01
StatusPublished

This text of 40 Pa. D. & C.4th 113 (Rafferty v. Filer) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rafferty v. Filer, 40 Pa. D. & C.4th 113, 1998 Pa. Dist. & Cnty. Dec. LEXIS 35 (Pa. Super. Ct. 1998).

Opinion

KENNEDY, J.,

Before this court for disposition are the preliminary objections filed by the defendant, Robert B. Filer M.D., in response to the amended complaint filed by plaintiff, Julie Rafferty, alleging wrongful termination of her employment. For the following reasons, we will sustain in part and overrule in part the defendant’s preliminary objections.

FACTUAL AND PROCEDURAL BACKGROUND

The facts as pled are as follows. Julie Rafferty became employed by Robert B. Filer on April 14, 1991, under [115]*115the terms and conditions of a written employment agreement. As an inducement of employment, the defendant offered the plaintiff participation in a profit-sharing plan. On July 31, 1991, the defendant unilaterally issued a “Personal policy and procedure manual.” Said policy was revised on October 31, 1994. During the course of the plaintiff’s employment, the defendant created a simplified employee pension plan in which the plaintiff was a participant. Contributions were made by the defendant on behalf of the plaintiff in previous years. On April 15,1996, the plaintiff was awarded a 5 percent pay increase, but failed to receive payment in accordance with such raise. On or about September 22, 1997, the plaintiff’s employment with the defendant was terminated.

The plaintiff filed a complaint against the defendant on October 28, 1997 alleging: Count I — breach of contract; Count II — violation of the Fair Labor Standards Act; and Counts III & IV — violations of the Wage Payment and Collection Act. The defendant filed preliminary objections in the nature of a demurrer to Counts I & IV and in the alternative for a more specific pleading, on January 13, 1998.

The plaintiff thereby filed an amended complaint on January 23, 1998 alleging four counts which are as follows. Count I — breach of contract, is based on plaintiff’s termination without just cause, the defendant’s failure to make SEP contribution on her behalf and the defendant’s failure to fund a 5 percent raise given on April 15,1996. Count II — Fair Labor Standards Act, is based on plaintiff’s regular schedule of working over 40 hours per week and the defendant’s requirement that the plaintiff make up all time missed during the [116]*116week. Count III — Wage Payment and Collection Act, is based on the plaintiff’s overtime work hours. Finally, Count IV — Wage Payment and Collection Act, is based on the plaintiff’s failure to receive in profit sharing a sum equal to or in excess of her salary, as advised by the defendant.

The defendant filed the herein preliminary objections in the nature of a demurrer to Count I, Count II, Count III and Count IV of the amended complaint. In addition, the plaintiff filed a motion for a more specific pleading as to Count II, Count III and Count IV. These preliminary objections and brief in support thereof were filed on February 12, 1998. The plaintiff filed her brief in opposition to the defendant’s preliminary objections on February 12, 1998. The case was listed for one-judge disposition pursuant to York Local Rule 6030, and is presently before this court.

ANALYSIS

The defendant’s preliminary objections are in the nature of a demurrer to Counts I through IV, and in the alternative for a more specific pleading as to Counts II through IV.

As to the demurrer of Count I, the defendant avers first that the plaintiff failed to state a cause of action for termination because the termination of an at-will employee contract is not actionable. Second, the defendant contends that the plaintiff failed to allege sufficient facts establishing the plaintiff’s right to contributions under an implemented SEP plan. Third, the defendant submits that no raise was promised to the plaintiff, thereby negating her cause of action.

[117]*117As to Counts II and III, the defendant avers that the plaintiff was a professional, salaried employee, exempt from the overtime provisions of the Fair Labor Standards Act as well as the Wage Payment and Collection Law.

As to Count IV, the defendant contends that the plaintiff has failed to allege material facts establishing her claim to proceeds from a profit-sharing plan pursuant to the Wage Payment and Collection Law.

The motion for a more specific pleading, as it relates to Count II, is based on the plaintiff’s failure to provide sufficient specificity of: the overtime hours she worked so as to enable the defendant to determine whether the claims are barred by the statute of limitations or other defenses; and the special damages claimed.

As to Count III, the defendant avers that the plaintiff failed to allege material facts of her cause of action as well as items of special damage.

As to Count IV, the defendant contends that the plaintiff failed to allege material facts of her cause of action as well as items of special damage.

1. Demurrer

The Pennsylvania Rules of Civil Procedure provide that any party may file preliminary objections to any pleading on the ground that the pleading is legally insufficient. Pa.R.C.P. 1028(a)(4). Such an objection is more commonly known as a preliminary objection in the nature of a demurrer and is an assertion that a pleading does not set forth a cause of action upon which relief may be granted. Binswanger v. Levy, 311 Pa. Super. 41, 457 A.2d 103 (1983). A demurrer admits [118]*118every well-pleaded material fact set forth in the challenged pleading as well as all reasonable inferences that can be drawn therefrom. Keirs v. Weber National Stores Inc., 352 Pa. Super. 111, 507 A.2d 406 (1986). As sustaining a demurrer results in the denial of a pleader’s claim, a court should only sustain preliminary objections in cases that clearly fail to state a claim for which relief may be granted. County of Allegheny v. Commonwealth, 507 Pa. 360, 490 A.2d 402 (1985).

A. Count I — Breach of Contract

1. No cause of action for an at-will employee

It is the well-established law in Pennsylvania that employment is presumed at-will and an employee may be dismissed for any or no reason. Luteran v. Loral Fairchild Corp., 455 Pa. Super. 364, 688 A.2d 211 (1997). Generally, there is no cause of action against an employer for termination of an at-will employment relationship. Id. To rebut the presumption of at-will employment, an employee must prove: “(1) an agreement for a definite duration; (2) an agreement specifying that the employee will be discharged for just cause only; (3) sufficient additional consideration; or (4) an applicable recognized public policy exception.” Id. at 370, 688 A.2d at 214 (citing Robertson v. Atlantic Richfield Petroleum, 371 Pa. Super. 49, 537 A.2d 814 (1987)).

An express contract for a definite period of employment will modify the at-will employment relationship between the employer and employee. Darlington v. General Electric,

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Bluebook (online)
40 Pa. D. & C.4th 113, 1998 Pa. Dist. & Cnty. Dec. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rafferty-v-filer-pactcomplyork-1998.